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HomeMy WebLinkAbout19-Mayor's Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Mayor's Office O ~, '. . 'L i ~ . \0-" . \ i i Subject: An Ordinance of the City of San Bernardino amending Chapter 8.60 of the San Bernardino Municipal Code relating to Fireworks From: Mayor Judith Valles Date: January 17, 2003 MICC Meeting Date: January 21, 2003 Synopsis of Previous Council Action: 12/17/2002 - Presented to the Legislative Review Committee for discussion 1/07/2003 - Legislative Review Committee referred the issue to the full Council for discussion. Recommended Motion: That said ordinance be laid over for final adoption. ~~ Signature Contact person: Ppggi 1-l"7lptt phnnp'1R.d..'i111 Supporting data attached: 5t8ft Report Ward' All FUNDING REQUIREMENTS: Amount: None Source: (AccL No.) (ArTt npc:rcrirtinn) Finance: Council Notes: PR~,.!t (.'J ~ l. ~I 11"2 \ I \)~c.:t1 s:S I Agenda I :J /~/03 ..jJ::- (ei STAFF REPORT Subiect: An Ordinance of the City of San Bernardino amending Chapter 8.60 of the San Bernardino Municipal Code relating to Fireworks. Background and Overview: In June 2002, at the request of the San Bernardino County Board of Supervisors, the remaining seven cities in the County that still allow the sale and discharge of safe and sane fireworks were asked to review their existing fireworks ordinances before the permitting process begins in March. The Mayor met with representatives from the cities and tried to persuade them to ban the sale and use of fireworks in their cities. The majority agreed to meet with their non-profit organizations and review their ordinances to tighten the control on the sale and discharge of fireworks in an effort to reduce the dangers caused by fireworks. The Mayor met with the non-profit organizations that sell safe and sane fireworks in our city. 27 people representing 22 of the non-profit organizations were present. She informed the organizations that significant changes were to be made to the existing ordinance. Upon reviewing the City's existing ordinance, many sections of the Chapter raised concern. The following is summary of the proposed changes to the ordinance: 8.60.01 0 Location of Sales and Discharge of Fireworks The boundary change proposed in Section 8.60.010 would enhance the Fire Department's ability to enforce fireworks laws, and will reduce the risk of fire in the Hazardous Fire Area. Changing the boundary would allow Fire and Police Dispatchers to quickly classify calls for service; those calls in the restricted area could be handled as a priority. By clearly defining the border, enforcement would be accomplished more effectively. Also, by shifting the border south to the 210/30 Freeway will help ensure that sales would not occur near the gateways to the mountain areas, i.e. Highways 18 and 330. 8.60.030 Business Registration Certificate - Application - Public liabilitv insurance . A non-refundable fee of fifty dollars has been added to cover the administrative cost to process the application. . Liability and property damage insurance has been raised to one million dollars - this is provided by the Fireworks manufacturers with no impact on the non-profit organizations. . Verification of non-profit status must be included with the application. . Applying organizations must submit minutes detailing projects and the benefit to the community from the sale of fireworks. . Attach a financial statement provided by the City Clerk's Office that describes the anticipated revenues, expenses, and profits. The form will also detail the distribution of monies to the various projects within the City of San Bernardino. 8.60.040 Review process Applicants will have to provide all specified information. If an organization fails to provide the specified information they will not be issued a license. The City Clerk will conduct the review process. 8.60.050 Prerequisites to issuance . Each non-profit organization must operate within the city limits of San Bernardino. . Priority will be given to returning qualified organizations that operated a stand in 2002. Remaining licenses will be issued by lottery to qualified organizations. . Maximum number oflicenses to be issued is 35. . After 2003, only those organizations that were issued a license in a previous year will be eligible for a license. . After 2003, if a joint venture decides to not operate as a joint venture, the qualified organizations will be issued a license through a lottery drawing for any available licenses. 8.60.060 Suspension ofIicense - Appeal procedure This Section has been changed from 8.60.055 to 8.60.060. Also included in the Section were some minor changes to the language. 8.60.070 Operation of temporary fireworks stand. 8.60.070 combines Sections 8.60.060, 8.60.070 and 8.60.080 of the original ordinance. The following highlights the changes of the combined Sections: . No person under eighteen shall be permitted in the stand . No consumption of alcoholic beverages within twenty-five feet of stand. . Emergency contact telephone number must be displayed. . Each stand location shall be inspected and approved by the Fire Marshall prior to the storage or sales of fireworks. . A fire extinguisher must be accessible at all times during the storage/sales of fireworks. . No smoking shall be permitted within twenty-five feet of any fireworks stand. . Sale and discharge period has been changed to midnight on the 4th of July. . The "Location of Sales and Discharge of Fireworks" map shall be posted and a copy of said map shall be provided to each purchaser. The copying costs shall be the responsibility of the licensees. . Stands must be removed by the 15th day of July. 8.60.080 Requirements for Fireworks Supplier. . The fireworks suppliers must post a three hundred-dollar deposit to assure compliance of the provisions of this Chapter. 8.60.090 License tax. The Section was revised to reflect the original language established in 1968. After researching this Section, staff was unable to find any approved change to the language. 8.60.120 Permissible locations for discharl!e The language in this Section has been changed to reflect prior changes in the Chapter. 2 8.60.130 Prohibitions on sale and discharge . The sale period is between twelve noon on the 28th of June to midnight on the 4th of July, . It is unlawful to sel1 any fireworks at any time in any of the areas described in Section 8.60.010. . It is unlawful to discharge fireworks or to permit the discharge of fireworks except during the time period of twelve noon on the 28th day of June to midnight on the 4th of July. 8.60.160 Financial Reporting A financial summary form provided by the City Clerk's Office wil1 be required by August 31st Organizations that fail to submit will forfeit their participation the fol1owing year. 3 City of San Bernardino PRELIMINARY FIREWORKS FINANCIAL STATEMENT FOR YEAR: ORGANIZATION: STAND LOCATION: VENDOR: Total Estimated Sales of Fireworks: Total Estimated Expenses: Total Estimated Profit: Please list the projects or activities detailed in the Board minutes, and how much of the profit realized from the sale of fireworks will be allocated to each project or activity: 1) Allocation: 2) Allocation: 3) Allocation: 4) Allocation: 5) Allocation: 6) Allocation: 7) Allocation: 8) Allocation: 9) Allocation: The undersigned acknowledges that this is a factual representation of the intent of this non-profit organization related to the proceeds of fireworks sales. Signature of Authorized Representative Print Name Date City of San Bernardino FIREWORKS FINANCIAL STATEMENT FOR YEAR: ORGANIZATION: STAND LOCATION: VENDOR: Total Deposit: Sales Tax: Gross Sales; EXPENSES Total Paid to Vendor: Total Paid to Other: Miscellaneous Paid: Total Expenses Paid: PROFIT Total Net Profit: Service Projects already funded: Briefly describe project and disclose expenditures 1) 2) 3) Service Projects to be funded: Briefly describe prposed project and expenditures 1) 2) 3) Total Amount of Projects Funded or Proposed: Signature of Authorized Representative Print Name Date CITY OF SAN BERNARDINO INTER-OFFICE MEMORANDUM TO: Rachel Clark, City Clerk FROM: Cindy Buechter, Business Registration Supervisor iib SUBJECT: Proposed Firework Administrative Fee DATE: January 15, 2003 COPIES: Peggy Hazlett, Assistant to the Mayor The following costs have been determined to be applicable to the processing of each annual firework application as set forth in office procedures approved on May 21, 2002. Application Review Process Misc. Correspondence/Notifications Coordination with City Departments and Firework Companies TOTAL HOURS 2 hrs .5 hrs .5 hrs 3 hrs. Hourly Cost Per Employee & Benefits: Account Clerk II! - $21.52 Department Overhead $64.56 6.46 TOTAL $71.02 SAN BERNARDINO CITY FIRE DEPARTMENT INTEROFFICE MEMORANDUM Subject: Legislative Review Committee Larry R. Pitzer, Fire Chief vRP Boundary Change Related to Use of Fireworks To: From: Date: January 6, 2003 Copies: Mayor Valles, Fred Wilson- City Administrator, Doug Dupree- Fire Marshal The boundary change proposed in Section 8.60.010 would enhance the Fire Department's ability to enforce fireworks laws, and will reduce the risk of fire in the Hazardous Fire Area. Therefore, the Fire Department supports the proposed boundary change designating areas where Safe and Sane Fireworks will not be allowed to be sold or discharged. The benefits to reducing the area where fireworks can be sold or discharged are as follows: . During the 2002 Fourth of July holiday period the Fire and Police Departments received 513 firework related complaint calls. Changing the boundary would allow Fire and Police Dispatchers to quickly classify calls for service; those calls in the restricted area could be handled as a priority. Additionally, enforcement would be accomplished more effectively since the border will be clearly defined. . Restricting sales of Safe and Sane Fireworks north of the 30 Freeway would also help ensure that sales would not occur near the gateways to the mountain areas, i.e. Highways 18 and 330. This would help alleviate fears expressed last year by mountain residents. . Shifting the boundary South to the 30 Freeway would also provide an additional buffer between the sale and discharge area and the Hazardous Fire Area and National Forest. Location of Sales and Discharge of Fireworks 1''-, .' ", '- ", " ' " (.. ',",:-,f \. 'lu" \ "~ , " \ ~, , " \ I' " , / \. \/' \ l, Legend .. Existing Fire Hazard Zones _ Check with Local Jurisdiction ... Proposed Boundary Change N 30TH 51 HIGHLAND A V 16TH ST l i BASE LINE 51 '\, 9TH Sf ",\ r~'('-' Foothill Blvd" ,~l 1 ~ w RIALTOAV - :;!;i MILL ST I n c >' a::: <I 1 w c ~~ ~I + IlBERT z T i ~i > ~ H-fET 1 ~I -BASE Ll 9, Z ~ ' 1 0 ;#1 o z t 9TH ~;-ffi ,n_ I > I I, /1 ~ : ~ ,Tlie t=:~r - w 0 RIAL TO A C u w ~ ~ '- '-I ~ " < o z ::::i r-' ffi -'-! 5TH ST J >- I : > II) J-_J 4( c( '.n 0 Z > > ::t 0:: <Ii( .. 00 0:: Z ~ !: w c( tr ...I 8: 9 ~ w 0: .. w "'--- ,.J'- ,/ --~-j / /'CENTRAL AV ( I SAN BERNARDINO AV REOLANDS Bl VO j ,-,,/ r > " w o z " u w RED AREAS ARE HIGH FIRE HAZARD, LAWS PROHIBIT THE DISCHARGE OF FIREWORKS ON PUBLIC, SEMIPUBLIC OR PRIVA TE PROPERTIES, OR IN A PUBLIC STREET OR RIGHT-OF -WA Y, OR IN THE PUBLIC PARKS, THIS INCLUDES ALL OF THE SAN BERNARDINO NA TIONAL FORESTS AND COUNTY- UNINCORPORA TED AREAS. g YOU MUST BE 18 YEARS OF AGE OR OLDER TO PURCHASE OR POSSESS FIREWORKS. OFFENDERS ARE SUBJECT TO A $1000 FINE AND/OR ONE YEAR IN JAIL 2 3 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 8 9 10 11 Sections: 8.60.010 8.60.015 8.60.020 .8.60.030 8.60.040 8.60.050 8.60.060 8.60.070 8.60.080 8.60.090 8.60.100 8.60.110 8.60.120 8.60.130 8.60.140 8.60.150 8.60.160 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 SECTION 1. Chapter 8.60 of the San Bernardino Municipal Code is hereby 7 amended in its entirety to read as follows: 12 13 '4 15 16 17 18 19 20 21 CHAPTER 8.60 FIREWORKS Location of Sales and Discharge of Fireworks. Sale of Fireworks to Minors Prohibited; Identification Required.. License-Required. .... ........_.. License - Application - Public liability insuraiii::e~ .... License - Notice of granting or rejection. License" Prerequisites to issuance. Suspension of license - Appeal procedure. Operation of temporary fireworks stand. Requirements for Fireworks Supplier. License tax. Temporary sales tax permit required. Display of license and sales tax permit. Permissible locations for discharge. Prohibitions on sale or discharge. Reference to determination of safe and sane fireworks. Violation - Penalty. Financial Reporting. 22 8.60.010 Location of Sales and Discharge of Fireworks. 23 Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the 24 state may be sold and discharged within the City subject to the requirements of this Chapter, except that such sale or discharge shall not be allowed in the following designated areas. Such areas are depicted on a map entitled "Location of Sales and' 26 Discharge of Fireworks" on file in the City Clerk's Office and incorporated herein by reference, a reduced copy of which is attached to this Chapter. Such areas are designated 27 as follows: 25 J AE/cJ[Fireworkthree] ~. ~~Q T-\e "" :lk. \C\ Oa\b3/d.OO3 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. A. That area within the City lying north of a line extending from the west City limits at Highland Avenue to the east City limits and bounded on the south side by streets and highways as follows: Commencing from the west City limits at the centerline of Highland Avenue thence easterly to the intersection of Highland Avenue and the 210/30 Freeway; thence easterly following the 210/30 Freeway to the interchange of Highway 330; thence north-easterly following Highway 330 to the intersection of Highland Avenue, east of Boulder; thence easterly from the intersection of Highland Ave. and Highway 330 along the centerline of Highland Avenue; thence continuing south-easterly along the centerline of Highland Avenue and its south-easterly prolongation to the intersection of the southerly prolongation of the most easterly border-line of the City of San Bernardino, as depicted on the previously referenced map on file in the City Clerk, a reduced copy of which is attached to this Chapter. 12 B. That area within the City, whether contiguous or not, which lies north or northwest of a line from the west City limits at Highland Avenue, in a westerly cjirectis>nsn, Highland Avenue to the 21 0 Freeway, and then weston the 210 Fre'eway fo lfie:r:"1S' Freeway. That area within the City, whether contiguous or not, which lies north or northeast of the intersection of the 1-15 Freeway and the 215 Freeway, as depicted on the previously referenced map on file in the City Clerk's Office, a reduced copy of which is attached to this Chapter. 13 14 15 16 17 18 19 C. Inclusive of the area within the City limits beginning at the intersection of Highland Avenue and Boulder Avenue; Highland Avenue west to Victoria Avenue; Victoria Avenue south to Baseline Street; Baseline Street east to Boulder Avenue; Boulger Avenue north to Highland Avenue, as depicted on the previously referenced map on file in the City Clerk's office, a reduced copy of which is attached to this Chapter. 20 D. Inclusive of the area beginning at the intersection of Pacific Street and Del Rosa Avenue; Pacific Street west to Perris Hill Park Road; Perris Hill Park Road north to an imaginary line extending north from Perris Hill Park Road to intersect Highland Avenue; Highland Avenue east to Del Rosa Avenue; Del Rosa Avenue south to Pacific Street, as depicted on the previously referenced map on file in the City Clerk's office, a reduced copy of which is attached to this Chapter. 8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required. 21 22 23 24 25 The sale of fireworks to anyone under the age of 18 is prohibited. A valid form of 26 identification is required at time of purchase. 27 28 HE/cj(Fire\vorkthr~e ] 2 Asencio. I. -Ie.nI ~ \<1 Da\ ()31~OO3 f, " 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 8.60.020 License - Required. Except as provided in this Chapter, it is unlawful for any person, organization, group or association, etc. to offer for sale or sell at retail any fireworks of any kind in the City without having first applied for and received a license from the City Clerk. 8.60.030 License - Application - Public liability insurance. All applications for a license to sell fireworks shall: 12 A Be made in writing and accompanied by the fee set forth in Section 8.60.090 in addition to a non-refundable fireworks administrative fee of fifty dollars. The fee will be used to defray the administrative costs of the fireworks program. Applications shall be made between the first day and the last day of March of each year except when the last day falls on a Saturday, Sunday or legal holiday, the following business day shall be determined to be the last day; B. Set forth the proposed location of the fireworks stand a pptretffor. The stands must be on private property located in Commercial General (CG) or Commercial Regional (CR) General Plan land Use Districts'and the written permission of the owner of record or lessee must accompany the application; I3 4 15 16 17 C. Be accomparied by an assurance that if the license is issued to applicant, applicant shall, at the time of receipt of the license, deliver to the City Clerk's office a minimum of one-million dollars public liability and property damage insurance policies with riders attached to the policies designating the City as an additional insured under this Chapter, and a copy of the requisite permit from the State Fire Marshal. 18 19 20 D. Include a copy of the applicant's 501 (c) (3),(4),(5),(6),(8),(10),(19),(20), or 501 (d) verification of nonprofit status, or demonstrate that it is a non-profit organization, group, association, etc., which is organized primarily for veteran, patriotic, welfare, civic or social betterment (including public or private school clubs, groups, organizations or such other public or private school affiliates), or charitable purposes. 21 22 23 24 E. All applicants shall be required to demonstrate how revenues received would benefit the citizens of San Bernardino by submitting official board minutes detailing the intent and authorization to sell fireworks. Such minutes shall detail what sites, populations, or projects within the City will benefit and for what purposes; 25 26 27 ~8 F. Have attached a completed financial statement form that describes anticipated \ HElcJ[Fireworkthree] 3 Pt 9 €.f'Dla l:3~~A" *" \ q 0ciI63/.;(l63 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 3 4 5 6 7 8 revenues, expenses, and profits. Such form will be provided by the City Clerk's Office to each applicant. The information contained in this form shall furthermore detail how much money will be provided to the projects mentioned pursuant to subsection (E) above. No less than ninety percent of the net profits derived from the sale of fireworks in the City by the applicant shall be utilized for the direct advancement of the applicant's stated non-profit purposes within the City of San Bernardino in accordance with subsection (E) above. 8.60.040 License - Notice of granting or rejection. 9 Applicants for any such license shall be notified by the City Clerk's office by April 15th of the granting or rejection of such application for a license. No license shall be issued if the applicant fails to provide all the information or fails to meet all the criteria specified in Section 8.60.030, or any other provision of this Chapter. The decision of the City Clerk may be appealed to the Mayor and Common Council under the provisions of Chapter 2.64. The decision of the Mayor and Common Council shall be final. 10 II 12 13 8.60.050 License - Prerequisites to issuance. '4 15 The following qualifications must be met by each applicant for a license issued under this Chapter: 16 17 18 19 A. No license shall be issued to any applicant except a nonprofit organization, group, association, etc., organized and operating within the City limits of San Bernardino in conformity with Section 8.60030 (0), (E) & (F). 20 B. Each such applicant must have its principal and permanent meeting place in the corporate limits of the City and must have been organized and established in the City's corporate limits for a minimum of one year continuously preceding the filing of the application for the license, and must have a bona fide membership of at least twenty members. 21 22 C. No applicant may receive more than one license or participate in more than one fireworks stand during anyone calendar year. The maximum number of licenses that may be issued during anyone calendar year shall be 35. All applicants shall be reviewed for compliance with this Chapter. All qualified applicants who held a license during 2002 whether as an individual or as part of a joint venture, shall have priority for the available licenses in 2003. Priority will also be given in 2003 to any joint venture which has at least one qualified applicant who held a license during 2002. Any remaining licenses in 2003, after deducting priority applicants, shall be determined by lottery and shall be granted by a drawing supervised by the City Clerk. 7' _J 24 25 26 27 _6 'H E/cj[F ireworkthrce I 4 ~, '\ I\jel\da r-le.m .\t\q Dalb3}d-e63 8 9 10 11 13 16 17 18 .19 20 21 22 23 24 25 26 27 _0 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 3 4 5 6 7 D. One license may be issued to two or more qualified applicants as a joint venture provided that the application for the joint venture is submitted prior to the application deadline. Each qualified applicant in a joint venture which is granted a license is deemed to be a co-licensee and shall have the same benefits, duties and liabilities under the license. 12 E. After 2003, all qualified applicants who held a license the immediate previous year, whether as an individual or as part of a joint venture, shall have priority for the available licenses for the immediate next year. After 2003, priority will also be given to any joint venture which has at least one qualified applicant who held a license during the previous year. However, after 2003, if the total number of qualified applicants who were licensees or co-licensees from said previous year exceeds 35 licenses because the membership(s) of joint venture(s) has changed or the joint venture ceases to exist, then those qualified applicants which were part of such joint venture(s) shall lose their priority and shall be placed in a lottery drawing for any remaining available licenses after all other qualified applicants from the immediate previous year are granted licenses. After 2003, if the tota.1 number of qualitf~cj, applicants who were licensees or co-licensees from the imrriediate,previous.yea}" does not exceed 35 licenses, then any remaining licenses shalf be-determined by lottery and shall be granted by a drawing supervised by the City Clerk. Any prior licensee, the license of which has been suspended under the provisions of Section 8.60.060, shall be eligible for a new license only upon satisfying the Fire Chief that suitable arrangements have been made to preclude future violations. .4 15 8.60.060 Suspension of license - Appeal procedure. A. The Fire Chief or h.is/her designee shall be authorized to suspend immediately and without notice or formal hearing the license of any licensee which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. Ifthe Fire Chief or his/her designee establishes that a violation has occurred too late to suspend the license during the period of sale, he/she shall have power to suspend the licensee from future licenses, and to suspend the priority of the licensee, for any such violation found to have occurred during or immediately preceding or immediately following the authorized period of sale. B. The decision of the Fire Chief or his/her designee to suspend the license of any licensee shall be subject to review by the Mayor or his/her designee. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the licensee, the Mayor or his/her designee, and the representative of the Fire Chief can schedule such hearing, provided that in every case, said hearing shall be held within 72 hours of the Fire Chiefs decision. For suspensions after the sale period, the hearing shall be \ ... 5 HE/Cj[Flreworklhreej ~ " f\jenC\C\ ~ ~\9 ~ D~r':\M3 2 3 4 5 6 7 8 9 10 II AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. held within one month after the request for hearing, which request must be made within fifteen days after notice of the suspension. The Mayor, or his/her designee, is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one or more days, or by setting aside the forfeiture of priority status for future years. The decision of the Mayor or his/her designee may be appealed to the Mayor and Common Council under the provisions of Chapter 2.64. The decision of the Mayor and Common Council shall be final. 8.60.070 Operation of temporary fireworks stand. The licensee entity, the person who signs the application for the license, and the supervisor or manager present in charge of each fireworks stand shall comply and ensure compliance with all of the following: 12 A. No person, organization, group, association, etc. other than the licensee entity shall be allowed to operate the stand for which the license is issued or to otherwise participate in the profits of the operation of such stand. , 13 '4 B. No person, organization, group, association, etc. other than the individuals who . are members of the licensee entity, or the spouses or adult children of such members, shall be allowed to sell or otherwise participate in the sale of fireworks at such stand. 15 16 17 18 19 C. No consideration shall be paid to any person for selling or otherwise participating in the sale of fireworks at such stand. D. No person under eighteen years of age shall be permitted in the stand and signage shall be prominently displayed in/on the stands stating that no person under eighteen years of age shall be permitted in the stand. 20 21 22 E. No person shall consume alcoholic beverages within twenty-five feet of any stand. 23 F. An emergency contact telephone number shall be posted on the exterior and interior surfaces of all exit doors. 24 G. All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is hereby prohibited. 25 26 27 H. No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of any gasoline pump. .d \ HEJcj[Fircworkthree) 6 A-s 6nd 6 J=\en\~ \ q D~l D31~M3 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 3 4 5 6 7 8 9 10 11 12 I. Fireworks stands need not comply with the provisions of the building code of the City provided that all stands shall be erected under the supervision of the Director of the Department of Development Services or his/her designee, who shall require that stands be constructed in a manner that will reasonably ensure the safety of attendants and patrons. In addition, each stand and its location shall be inspected and approved by the Fire Marshall prior to commencing storage or sales of fireworks therein. J. No stand shall have a floor area in excess of three hundred square feet. K. Each stand in excess of twenty-four feet in length must have at least two exits; and each stand in excess of forty feet in length must have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty-four feet. 13 L. Each stand shall be provided with two 2;;' gallon water pressure type fire extinguishers, underwriter approved, in good working order and easily.ac:ce~~t~. for use in case of fire, at all times during the storage/sales oHire\'i(:lFks.";;':c'.c;'C:';0i M. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least twenty feet surrounding the stand. 14 15 16 17 18 19 20 N. "No Smoking" signs shall be prominently displayed on the fireworks stand, and no smoking shall be permitted within twenty-five feet of any fireworks stand. O. Each stand shall have a person present and designated as supervisor or , manager in charge thereof at all times while fireworks are stored or sold therein. Sleeping or remaining in the stand after close of business each day is forbidden. P. The sale of fireworks shall not begin before twelve noon on the 28th day of June and shall not continue after midnight on the 4th day of July. 21 22 Q. Each stand shall post for public viewing, a copy of the map identified in Section 8.60.010 (Location of Sales and Discharge of Fireworks) and shall also provide a copy of this map to each purchaser of fireworks. The costs of copying such maps shall be borne by the licensee. 23 24 25 R. All unsold stock and accompanying litter shall be removed from the location by five p.m. on the 5th day of July. 26 27 d S. The fireworks stand shall be removed from the temporary location by twelve noon on the 15th day of July, and all accompanying litter shall be cleared from the location by said time and date. \HE/cj{Fireworkthree I 7 f\.genclCt Bern :i\:-\q C>~ D3\d.b03' 2 3 4 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 8.60.080 Requirements for Fireworks Supplier. Prior to the issuance of a license, each applicant shall file with the City Clerk a cash deposit, certificate of deposit or a surety bond posted by the fireworks supplier and made payable to the City in the amount of three hundred dollars ($300.00) to ensure compliance with the provisions of this Chapter. Such deposit or certificate shall be refundable upon compliance with the provisions and requirements of this Chapter, including but not limited to the removal of the stand and the cleaning of the site. In the event the fireworks supplier does not so comply to remove the stand or clean the site in the manner required by the Director of the Development Services Department, the City may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the 10 fireworks supplier and his/her surety and the deposit, certificate or bond. 5 6 7 8 9 11 8.60.090 License tax. 12 As set by Ordinance No. 2884, the license tax for the selling of fire\iVwks\fv'ithin,theCity shall be two hundred dollars per year per stand which fee must .bepaicli:aU6.e.'tlril/.? application for a stand is filed with the City Clerk's office. ". ..' 'c......... 8.60.100 Temporary sales tax permit required. 13 '4 15 16 Applicants licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization. 17 18 19 8.60.110 Display of license and sales tax permit. The license to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. 20 8.60.120 Permissible locations for discharge. 21 22 The use of fireworks in the City shall be limited to private property except as otherwise provided in this Chapter. No fireworks shall be discharged on public or private unpaved open areas such as vacant lots or fields, or in a public street or right-of-way, or in public parks except when specifically permitted for public display, and except those areas approved by the Fire Chief. ')' -~ 24 25 8.60.130 Prohibitions on sale and discharge. 26 A. It is unlawful for any person, organization, group, association, etc., to sell any fireworks except during the time period between twelve noon on the 28th day of June to midnight on the 4th day of July. 27 J l-IE/cJ [F ireworkthrce] 8 ~\ \1 f:\ 3eM.<:\. ]:\e.rn lk- \~ 02\ D31 ~1J03 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 3 B. It is unlawful for any person, organization, group, association, etc., to sell any fireworks at any time in any of the areas described in Section 8.60.010. 4 5 6 7 8 9 10 11 C. It is unlawful for any person, organization, group, association, etc., to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, except during the time period between twelve noon on the 28th day of June to midnight on the 4th day of July. D. It is unlawful for any person, organization, group, association, etc., to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, in any of the areas described in Sectio.n 8.60.010, or upon or over or onto the property of another without his/her consent, or to ignite, explode, project, or otherwise fire or make use of any fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by human beings. 12 8.60.140 Reference to determination of safe and sane fireworks. 13 Reference iSl)1ade to provisions of Section 12500 et seq. of the Health and Safe:ty Code;c . which prohibit and regulate fireworks not defined as safe and sane. 8.60.150 Violation - Penalty. . 1 15 16 17 18 19 20 A. Any person, organization, group, association, etc., violating any provision of this Chapter is guilty of an infraction for the first offense, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. B. Any subsequent violation of this Chapter by that same person or entity within'a three year period is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. 8.60.160 Financial Reporting 21 No later than August 31st of each year (or the next working day if August 31 falls on a Saturday, Sunday or legal holiday), each licensee operating a stand or participating in a 23 joint venture shall submit to the City Clerk a financial summary of the total sales from fireworks on the financial summary form provided by the City Clerk's Office. The financial summary shall have a summary of actual expenses, revenues, and profit for that year and shall have receipts attached for all expenses for each stand as well. as any incentive payments, gifts, or other financial consideration provided to members of the licensee or its volunteers. Licensees failing to comply with the afore-mentioned financial summary deadline of August 31 5t shall be ineligible to receive a license for the sale 27 of fireworks the following year either as an individual licensee or as a member of a joint venture. 22 24 25 26 ~ E/cj [F ireworkthree] 9 Psend(). ::t:::~ it: \g \\02.\D3\~03 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 2 3 4 5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, 7 held on the _ day of 8 COUNCIL MEMBERS: 9 ESTRADA 10 LONGVILLE 11 12 MCGINNIS 13 DERRY 14 SUAREZ 15 ANDERSON 16 MC CAMMACK 17 18 19 , 2003, by the following vote, to wit: . AYES NAYS ABSTAIN ABSENT City Clerk 20 The foregoing Ordinance is hereby approved this _ day of ,2003. 21 22 JUDITH VALLES, Mayor City of San Bernardino 23 24 Approved as to form and legal content: 25 JAMES F. PENMAN 26 City Attorney 27 28 10 P13eMQl~~\q to. \ tJ31d.co 3 CHAPTER 8.60 FIREWORKS Sections: 8.60.010 Location of Sales and Discharge of Fireworks. 8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required. 8.60.020 License - Required. 8.60.030 License - Application - Public liability insurance. 8.60.040 License - Notice of granting or rejection. 8.60.050 License - Prerequisites to issuance. 8.&9.955 8.60.060 Suspension of license - Appeal procedure. 8.69.969 Operation of stal1d. 8.60.070 Operation of temporary fireworks stand. 8.60.079 Temporal') fire'illorks stands. 8.60.080 General requirements for licensees. Req).lirem ents for Fireworks--j----- ---.., Slier tntPrerl into Record 8t /. - ~pp . C"''''':''II"_,,OevCms Mtg: J,LJ 0..3 8.60.090 License tax. 8.60.100 Temporary sales tax permit required. b 8.60.110 Display of license and sales tax permit. Y 8.60.120 Permissible locations for discharge. re A~t"da Item 8.60.130 Prohibitions on sale or discharge. ::~~: ~:~,:~~~t~~~~ ~e~:~:;mination of safe and sane firewo;i~:~le~ lJ. ~ 8.!i0.160Financial RepQrting. ,City of San Bernar~~Xo Strike-out - Deletions Grey-Shaded Area - Additions 3..3 8.60.010 Location of Sales and Discharge of Fireworks. Safe and sane fireworks as defined by Section 12529 of the HealthandSafety Code of the state may be sold and discharged within the City subjeGUp therequiremElJ1~s of this Chapter, except that such use or sale discharge shall not be allowed in tMe Ilazardous rire Area as, defined in Cecfion 15, 1 C.11 5 ,of tMis Code. inJhElfollowing designatl!ld<;lreas. Suc~areas are depicted on a mapen~\t1Eld "Locationof~<;Iles and Disch<;lrgEl of Fireworks" onfilErin,tbe CitY Clerk's Qfficeandincorporated herein by reference. Suc.h areas are designated asfpllows: A:T.hat area~ithin the Citylyip9 north ofCiIi.neextendin\:lffA9ithewest City limi~~<;ItHighlandA\lenuetotb~east City limits and bound!;lQ:onthe south side by streets and highways as follo~s: Commencing from ,the west City limits at the centerline of Highland AVl!lnu!;l thepce!;lasterly to the intersection of Highland Avenue and the 21 0/30preeway; thence easterly following the 210/30Preeway to the interchange ofl-tig.h~ay 33Q;thence nort.hceasterlytol!owing Highw<;l~3:30 to the int!;lrsection of Highland AVElnue east of Boulder;t.hence easterlyfromtheinten;;ElGtipn of Highland Ave. anQ Hi,gh~ay 330 alOng the centerline of Hig.hland Avenue; thence continuing south"Elasterlyalong the centerline of Highland Avenue ,a,nd _ its south-easterly prolongation to the intersection of the southerly' prolongation of the most HE/cj[Fircworktwo.doc 1 1 ~33 I ., I "2 easterly border-line of the City of San Bernardino as depicted on the previously referenced map on file in the City Clerk, a reduced copy of which is attached to this Chapter. B. That area within the City, whether contiguous or not, which lies north or northwest of a line from the west City limits at Highland Avenue, in a westerly direction on Highland Avenue to the 210 Freeway, and then west on the 210 Freeway to the 1-15 Freeway. That area within the City, whether contiguous or not, which lies north or northeast of the intersection of the 1-15 Freeway and the 215 Freeway, as depicted on the previously referenced map on file in the City Clerk's Office, a reduced copy of which is attached to this Chapter. C. Inclusive of the area within the City limits beginning at the intersection of Highland Avenue and Boulder Avenue; Highland Avenue west to Victoria Avenue; Victoria Avenue south to Baseline Street; Baseline Street east to Boulder Avenue; Boulder Avenue north to Highland Avenue, as depicted on the previously referenced map on file in the City Clerk's Office, a reduced copy of which is attached to this Chapter. D. Inclusive of the area beginning at the intersection of Pacific Street and Del Rosa Avenue; Pacific Street west to Pimis Hill Park Road; Perris Hill Park Road north to an imaginary line extending north from Perris Hill Park Road to intersect Highland Avenue; Highland Avenue east to Del Rosa Avenue; Del Rosa Avenue south to Pacific Street, as depicted on the previously referenced map on file in the City Clerk's Office, a reduced copy of which is attached to this Chapter. (Ord. MC-1022. 5-18-98.11-1-82; Ord. 2884 !;1. 1968.) 8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required. The sale of fireworks to anyone under the age of 18 is prohibited. A valid form of identification is required at time of purchase. (Ord. MC-1022. 5-18-98) 8.60.020 License - Required. Except as provided in this Chapter, it is unlawful for any person. organization, group or association, etc. to offer for sale or sell at retail any fireworks of any kind in the City without having first applied for and received a license from the City Clerk. (Ord. MC-460. 5-13-85; Ord. 2884 !;2. 1968.) 8.60.030 License - Application - Public liability insurance. All applications for a license to sell fireworks shall: A. Be made in writing and accompanied by a ff;C to be get by resolution; tne fee is not fer tne purpose .of revenue but ....iH defray the eost of a firedep~rtment inspection. the fee .setforth in Section 8~60.09Qil')~dclitionto .ElpOn-refundable fireworksadrninistrativeJ.ee .offifty. doll",rs. The fee wilt be Hsed to defray the administrative costs of the fireworks program. Applications shall &.-Be be made HE/cj[Fireworktwo.doc] 2 between the first day and the last day of March of each year except when the last day falls on a Saturday or Sunday, or legal holiday, the following business day shall be determined to be the last day; &.-B. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in Commercial General (CG) or Commercial Regional (CR) General Plan Land Use Districts and the written permission of the owner of record or lessee must accompany the application; &.-C. Be accompanied by an assurance that if the license is issued to applicant, applicant shall, at the time of receipt of the license, deliver to the City Clerk's office one hundred thousMd/three htmdred thousand dollars ptlblic liability and fift~ tl10usand dollars a minim!Jm of. one-milliOn. ,dollars pupli<:: "liabiIitY,;:tnd property damage insurance policies with riders attached to the policies designating the City as an additional insured under this Chapter, and a copy of the requisite permit from the State Fire Marshal. (Ord. 2884 93,1968.) D. Include a copy of the applicant's 501(c) (3),(4},(5},(6),(8),(10),(19),(20), or 501(d) verification of nonprofit status, or demonstrate that it is a non-profit organization, group, association, etc., which is organized primarily for veteran, patriotic, welfare, civic or social betterment (including public or private school clubs, groups, organizations or such other public or private school affiliates), or charitable purposes. E.AII applicants shall be r~quiredto demonstr;:t~e,h6w{even!J~s receiVf;lcl,w?uld benefit the citiz,ens of San Bernardino by submitting offiqialboard minutes detailing the intentand authorization tosl;ll[firework.s;.$!Jch minutes$hall detail wh;:tt sites'populations, or projects withirl the City will benefit and for what purposes; F. Have attached a completed financial statement form that describes anticipated revenues, expenses, and profits. Such form will be provided by the City Clerk's Office to each applicant. The information contained in this form shall furthermore detail how much money will ,be provided to. the projects mentioned pursuant to subsection (E) above. No less than ninety percent of the net profits derived from th.e sale of fireworks in the City by the applicant shall be utilized for the direct advancement of the applicant's stated non-profit purposes within the City of San Bernardino in accordance with subsection (E) above. 8.60.040 Licenses . Notice of granting or rejection. Applicants for any such license shall be notified by the City Clerk's office by April 15th of the granting or rejection of such application for a Iicense..l'llqlic::ensewilLbe issued if the applicant faUs to provide all theinformationsp~cifledini~~qt\on8!6Q.0:3q, or any other provision of this Chapter. The decision of the City Clerk may be appealed to the HE!c] (Fireworktwo.doc] 3 Mayor and Common Council under the proVisions of Chapter 2.64. The decision of the Mayor and Common Council shall be final. (Ord. 2884 94,1968) 8.60.050 License - Prerequisites to issuance. The following qualifications must be met by each applicant for a license issued under this Chapter: A. No license shall be issued to any j5erson, firm, or corporation applicant except a nonprofit organization, group, associations o~corporations,etc., organized and operating within the Citylimitsof~al'l Bernardinoi.n . conformity with Section 8.60.030(0), (E)&(F). primarily for veteran, patriotic, ..elfare, civic betterment, or charitable ptlrp03es. B. Each such organization applicant must have its principal and permanent meeting place in the corporate limits of the City and must have been organized and established in the City's corporate limits for a minimum of one year continuously preceding the filing of the application for the license, and must have a bona fide membership of at least twenty members. C. No organization applicant may receive more than one license or participate in more than one fireworks stand for fire..orks sale during anyone calendar year. The maximum number of licenses that may be issued during anyone calendar year shall be 35. All applicants shall be reviewed for cOmpliance with this Chapter. All qualified applicants who held a license during 2002 whether as an individual or as part of a joint venture, shall have priority for the available licenses in 2003. Priority will also be given in 2003 to any joint venture which has at least one qualified applicant who held a license during 2002. Any remaining licenses in 2003, after deducting priority applicants, shall be determined by lottery and shall be granted by a drawing supervised by the City Clerk. D. After 2003, only those organizations licensed to sell fireworks in the previous year either as an individual licensee or as part of a joint venture shall be eligible for a license. E. One license may be issued to two or more qualifying qualified applicants as a joint venture provided that the application for the joint venture is submitted prior to the application deadline. Each qualified applicant in a joint venture which is granted a license is deemed to be a co-licensee and shall have the same benefits, duties and liabilities under the license. After 2003, if the total number of qualified applicants exceeds 35, then those qualified individual applicants which were part of a joint v~nture granted a license the previous year, shall be placed in a lottery drawing for any remaining available licenses after all other qualified applicants are granted licenses. The maximum number of Iicense3 ..hid'! may be issued pursuant to this Chapter dtlring anyone calendar year shall not exceed one licen3e for each four thousand residents of HE/cj[Fireworktwo.doc] 4 the City, er fractien thereef, based 151'1 the latest Department ef rinance, Gtate af California census estimate. If the nun,ber af applicatiens exceed the nUlnber af licenses ta be issued, the licensees dtlring the preceding year shall have first priority for the available licenses. A licensee shall retain its priarity from year te year enly so l15ng as tne licensee continues to represent each and all ef the participating organizations ....hich ape rated under the license dtlring the preceding year. [ach participating argani:z:atian shall be deemed ta be a ca licensee and jeint 'venturer .vith the licensee claiming first priority and shallhav'e the same duties and liabilities under the license. Any change il'l organizations vvithil'l the jaint venture shall col'lstitute a change caw~ing tnat jeil'lt venture te lase its priority. If there are any additioMI licenses a'v'ailable after prierity argani:z:ations have been cOl'lsidered, such additianallicenses shall be granted by a dravving supeFl.ised by the City Clerk. Any prior licensee, the license of which has been suspended under the provisions of $ection 8.GO.OSS 060, shttII lese its priority, al'ld shall be eligible for a new license only upon satisfying the Fire Chief that suitable arrangements have been made to preclude future violations. If the rire Chief certifies his satisfaction, such licensee shall be permitted ta cempete v.ith otner additional applicants for stich additianal licenses as may be available through the dravving. (Ord. MC-219, 11-1-82; Ord. 3236,1972; Ord. 2884 ~5, 1968.) 8.60.655060 Suspension of license - Appeal procedure. A. The Fire Chief or his/hElr designee shall be authorized to suspend immediately and without notice or formal hearing the license of any licensee which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. If the Fire Chief or his/her designee establishes that a violation has occurred too late to suspend the license during the period of sale, he/she shall have power to suspend the licensee from future licenses, and to suspend the priority of the licensee, for any such violation found to have occurred during or immediately preceding or immediately following the authorized period of sale. B. The decision of the Fire Chief or his/her designee to suspend the license of any licensee..~hall be subject to review by the City Administratar MaYQrqr hill/her desigOElEl' fortnvvith. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the licensee, City Administr-ator tMMayor or his/hElr designee, and the representative of the Fire Chief can schedule a meeting for such review such hearing, provided that in every case, said hearing shall be held within 72 hours of the Fire Chiefs decision. For suspensions after the sale period, the hearing shall be held within one month after the request for hearing, which request must be made within fifteen days after notice of the suspension. The City Administrator Mayor, or his/her designee, is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one or more days, or by setting aside the forfeiture of priority status for future years. The decision of the City Administrator Mayor or his/her designee shall be fiMI HE/cj[Fireworktwo.doc] 5 n;l~y be unless appealed to the M~~?r and<::ommo~9ouncil~~der the provisions of Chapter 2.64. The decisioPOf theMFiyor an~lii~pmmoniQplJncil shall be Jinal. (Ord. MC-219. 11-1-82.) 8.60.&6& 070 Operation of temporary fireworks stand. The licensee entity, the person who signs the application for the license, and the supervisor or manager present in charge of each fireworks stand shall comply and ensure compliance with all of the following: A. It is unlav,lful for the licensee organiLation to permit any No person, organizatipn, group, association, etc. other than the licensee organization entity shall be allowed to operate the stand for which the license is issued or to otherwise participate in the profits of the operation of such stand. B:.lt is u~lav,lful for.the licens~~ orgal"liLation to permit any No person, or9Fipization,' group, a~~pc:iation,etc:. other than the individuals who are members of the licensee organization entity, or the spouses or adult children of such members, shall be allowed to sell or otherwise participate in the sale of fireworks at such stand. C. It is unlav.1'ul for the licensee organization to pay any No consideration shall be paid to any person for selling or otherwise participating in the sale of fireworks at such stand. D. No person under. eighteen years of ageshall9~ .pellllitteq inmElstand and signageshall be prominently displayed inIon the stands. stating that no person under eighteen years of age shall be permitted inthestal"ld. E. No person shall consume alcoholic beverage~within twenty-five feet of any stand. F. Anernergency??~~~c:ttelephonenumber shall bep()$~eqQhthe exterioranq interior surfaces of all exit doors. (Ord. MC-460, 5-13-85; Ord. 2884 !i6. 1968.) 8.60.079 Temporal') fireworks stands. G. All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is hereby prohibited. Temporary stands shall be subject to the follovving prm.isions. A H. No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of any gasoline pump. HE/cj[F ireworktwo.doc] 6 B I. Fireworks stands need not comply with the provisions of the building code of the City provided, hov,ever, that all stands shall be erected under the supervision of the Director of the Department of Development Services or his/her or her designee, who shall require that stands be constructed in a manner that win reasonably insure the safety of anenda~ts an? patrons. In additiq~, e~9r st~p.d an?iits Iq9ationshalli.peil'1~p.ect~?i~nd~ppro\(~d. by the Fire Ma~shallprior tq commencing storage ors.~lesoffirewo~stherein. e J. No stand shall have a floor area in excess of three hundred square feet. e K. Each stand in excess of twenty-four feet in length must have at least two exits; and each stand in excess of forty feet in length must have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty-four feet. E L. Each stand shall be provided with two 2% gallon water pressure type fire extinguishers, underwriter approved, in g~~d w~r~i~g o~?~.r an?y~asily accessible for use in case of fire, at all timesduringi.Jhestorage/sal~s of fireworks. (Ord. MC-1027, 9-8-98; Ord. 2884 97,1968.) 8.60.880 Ceneral requirements for licensees. A M. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least twenty feet surrounding the stand. B N. "No Smoking" signs shall be prominently displayed .on the fireworks stand, and no smoking shall be permitted within twenty-five feet of any fireworks stand. e O. Each stand f1'lt:ISt shall have a person present and designated as supervisor or manager an adult in attendance and in charge thereof at all times while fireworks are stored or sold therein. Sleeping or remaining in the stand after close of business each day is forbidden. e P. The sale OF dischal'9c of fireworks shall not begin before twelve noon on the 28th day of June and shall not continue after twelvc noon midnight on the 5"'-$;' 4thdayof July. a. Each stand shall post for public viewing, a copy of the map identified in Section 8.60.010 (Location of Sales and Discharge of Fireworks) and shall also provide a copy of this map to each purchaser of fireworks. The costs of copying such maps shall be borne by the licensee. E R. All unsold stock and accompanying litter shall be removed from the location by five p.m. on the 5th day of July. F S. The fireworks stand shall be removed from the temporary location by HE/cj[Fireworktwo.doc] 7 twelve noon on the 15th 48th day of July, and all accompanying litter shall be cleared from the location by said time and date. 8.60.080 Requirements for Fireworks Supplier. SPrior to the issuance of a license, each applicant shall file with the City Clerk a cash deposit, certificate of deposit or a surety bond post~qbythefirework~ supplier and made payable to the City in the amount of one three hundred dollars ($300.00) to ~ssure ensure compliance with the provisions of this Chapter. Such deposit or certificate shall be refundable upon compliance with the provisions and requirements of this Chapter, including but not limited to the removal of the stand and the cleaning of the site. In the event the licensee fir~workssupplierdoes not so comply er to remove the stand or clean the site, in the manner required by the Director of the Development Services Department, the City may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the licensee firewdrK~I~uppli~r and his(h.er surety and the deposit, certificate or bond. (Ord. MC-1027, 9-8-98; Ord. 2884 98,1968.) 8.60.090 License tax. T1ge license t~x for tile selling of fire..orks ',.itllin tile City sll~1I be ~s set by resolution, As s~t by On~il1a.~ce Nq, 2884, the .Iicensetllx forthe sellingdffir~works""ithin theCitY~hall be tWo hundr~d dollars per year per stand which fee must be paid at the time application for a stand is filed with the City Clerk's office. (Ord. 288499,1968.) 8.60.100 Temporary sales tax permit required. Org~ni:z:~tions Applicants licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization. (Ord. 2884 ~10, 1968.) 8.60.110 Display of license and sales tax permit. The license to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 2884 ~11, 1968) 8.60.120 Permissible locations for discharge. k The use of fireworks in the City shall be limited to private property except as otherwise provided in this Chapter. No fireworks shall be discharged on public,semipublic or private unpaved open areas such as p~rkiFlg lots, vacant lots or fields, properties or in a public street or right-of-way, or in public parks except when specifically permitted for public display, and except those areas approved by the Fire Chief engineer of tlge rire Dep~rtmeFlt. O. t~o fire..orks snail be sold or discl9arged in tlge ll~:z:~rdous rire Area ~s defined in Section 15.1 C.11 5 of this Code. (Ord. MC 966, 4-15-96; Ord. MC-965, 4-1-96; Ord. MC-788, 6-3-91; Ord. MC-785, 5-20-91.) 8.60.130 Prohibitions of on sale and discharge. A. It is unlawful for any person, organization, group, association, etc., to sell any fireworks HE/cj[Fireworktwo.doc] 8 except during the time period between twelve noon on the 28th day of June to midnight on the 4th day of July. B. It is unlawful for any person, organization, group, association, etc. to sell any fireworks at any time in any of the areas described in Section 8.60.010. to ignite, ex",lode, ",reject, or otherwise fire OF tlse, any fire"orks, or ",ermit the ignition, explosion or prejection thereof, upon OF over or onto the property of another vvithout his consent, or to ignite, explode, ",reject, or otheF'Yvise firc or I ,'lake use of any firev~orks vvithin ten feet of any resident dwelling or other structure used as a place of habitation by human beings. C. It is unlawful for any person, organization, group, association, etc., to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, except during the time period between twelve noon on the 28th day of June to midnight on the 4th day of July. D. It is unlawful for any person, organization, group, association, etc., to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, in any of the areas described in Section 8.60.010, or upon or over or onto the property of another without his/her consent, or to ignite, explode, project, or otherwise fire or make use of any fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by human beings. (Ord. 2884 !l13, 1968.) 8.60.140 Reference to determination of safe and sane fireworks. Reference is made to provisions of Section 12500 et seq. of the Health and Safety Code, which prohibit and regulate fireworks not defined as safe and sane. (Ord. 2884 ~14, 1968.) 8.60.150 Violation - Penalty. A. Any person, organization, group, association, etc., violating any provision of this Chapter is guilty of an infraction for the first offense, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. B. Any subsequent violation of this Chapter by that same person or entity within a three year period is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. (Ord. MC-1073, 5-01-00; Ord. MC-1022, 5-18-98; Ord. MC-460, 5-13-85; Ord. 2884 ~15, 1968.) 8.60.160 Financial Reporting No later than August 31st of each year (or the next working day if August 31 falls on a Saturday, Sunday or legal holiday), each licensee operating a stand or participating in a joint venture shall submit to the City Clerk a financial summary of the total sales from fireworks on the financial summary form provided by the City Clerk's Office. The financial summary shall have a summary of actual expenses, revenues, and profit for that year and shall have receipts attached for all expenses for each stand as well as any incentive payments, gifts, or other financial consideration provided to members of HE/cj[Fireworktwo.doc] 9 the licensee or its volunteers. Licensees failing to comply with the afore-mentioned financial summary deadline of August 31st shall be ineligible to receive a license for the sale of fireworks the following year either as an individual licensee or as a member of a joint venture. HE/cj[Fireworktwo.doc] 10 , , ORDINANCE NO. , -' AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. -I THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOllOWS ) -".,,, ---....~- ----'"..-."""'~, 6 SECTION 1. Chapter 8.60 of the San Bernarll!rtl!fedAotQ~'II(Jtde is hereby 3 CouncillCmyDevCms Mtg: I :" 0 7 amended in its entirety to read as follows: 8 9 III ] ] Sections: 8.60.010 8.60.015 8.60.020 8.60.030 8.60.040 8.60.050 8.60.060 8.60.070 8.60.080 8.60.090 8.60.100 8.60.110 8.60.120 8.60.130 8.60.140 8.60.150 8.60.160 I~ 1, ]-1 I:' 16 17 lX 19 ~o ~ I y) CHAPTER 8.60 by re Agenda Item FIREWORKS ~ City Clerk/COC Seey Location of Sales and Discharge of Firewo~~.of San Bernardino Sale of Fireworks to Minors Prohibited; Identification Required. License - Required. License - Application - Public liability insurance. License - Notice of granting or rejection. License - Prerequisites to issuance. Suspension of license - Appeal procedure. Operation of temporary fireworks stand. Requirements for Fireworks Supplier. License tax. Temporary sales tax permit required. Display of license and sales tax permit. Permissible locations for discharge. Prohibitions on sale or discharge. Reference to determination of safe and sane fireworks. Violation - Penalty. Financial Reporting. 8.60.010 Location of Sales and Discharge of Fireworks. Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the state may be sold and discharged within the City subject to the requirements of this Chapter. except that such sale or discharge shall not be allowed in the following designated areas. Such areas are depicted on a map entitled "location of Sales and Discharge of Fireworks" on file in the City Clerk's Office and incorporated herein by reference, a reduced copy of which is attached to this Chapter. Such areas are designated as follows ')' -.' ~-I ,- ...:.) 26 n og J 11: L'III- Hl-\\m~::~~L';: I " o AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. " A That area within the City lying north of a line extending from the west City limits at Highland Avenue to the east City limits and bounded on the south side by streets and highways as follows -I 5 Commencing from the west City limits at the centerline of Highland Avenue thence easterly to the intersection of Highland Avenue and the 210/30 Freeway; thence easterly following the 210/30 Freeway to the interchange of Highway 330; thence north-easterly following Highway 330 to the intersection of Highland Avenue, east of Boulder; thence easterly from the intersection of Highland Ave, and Highway 330 along the centerline of Highland Avenue; thence continuing south-easterly along the centerline of Highland Avenue and its south-easterly prolongation to the intersection of the southerly prolongation of the most easterly border-line of the City of San Bernardino, as depicted on the previously referenced map on file in the City Clerk, a reduced copy of which is attached to this Chapter, (, 7 S 9 10 II I~ B, That area within the City, whether contiguous or not, which lies north or northwest of a line from the west City limits at Highland Avenue, in a westerly direction on Highland Avenue to the 21 0 Freeway, and then west on the 210 Freeway to the 1-15 Freeway, That area within the City, whether contiguous or not, which lies north or northeast of the intersection of the 1-15 Freeway and the 215 Freeway, as depicted on the previously referenced map on file in the City Clerk's Office, a reduced copy of which is attached to this Chapter 1~ 1-1 I) 16 17 C Inclusive of the area within the City limits beginning at the intersection of Highland Avenue and Boulder Avenue; Highland Avenue west to Victoria Avenue; Victoria Avenue south to Baseline Street; Baseline Street east to Boulder Avenue; Boulder Avenue north to Highland Avenue, as depicted on the previously referenced map on file in the City Clerk's office, a reduced copy of which is attached to this Chapter IS 19 20 D Inclusive of the area beginning at the intersection of Pacific Street and Del Rosa Avenue; Pacific Street west to Perris Hill Park Road; Perris Hill Park Road north to an imaginary line extending north from Perris Hill Park Road to intersect Highland Avenue; Highland Avenue east to Del Rosa Avenue; Del Rosa Avenue south to Pacific Street, as depicted on the previously referenced map on file in the City Clerk's office, a reduced copy of which is attached to this Chapter 8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required. 21 00 0' "":'-' 2-1 r ...:.) The sale of fireworks to anyone under the age of 18 is prohibited A valid form of 26 identification is required at time of purchase ~7 '8 jll:ql)"r<:\\l1ri-::!':_'~'i " -, ..' " - -) 26 27 n " AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. , .' 8.60.020 License - Required. -I Except as provided in this Chapter, it is unlawful for any person, organization, group or association, etc, to offer for sale or sell at retail any fireworks of any kind in the City without having first applied for and received a license from the City Clerk, 8.60.030 License - Application - Public liability insurance. 5 6 7 s All applications for a license to sell fireworks shall 9 A. Be made in writing and accompanied by the fee set forth in Section 8.60090 in addition to a non-refundable fireworks administrative fee offifly dollars, The fee will be used to defray the administrative costs of the fireworks program. Applications shall be made between the first day and the last day of March of each year except when the last day falls on a Saturday, Sunday or legal holiday, the following business day shall be determined to be the last day: 10 11 12 1, .' B. Set forth the proposed location of the fireworks stand applied for, The stands must be on private property located in Commercial General (CG) or Commercial Regional (CR) General Plan Land Use Districts and the written permission of the owner of record or lessee must accompany the application: 1-l 15 16 C. Be accomparied by an assurance that if the license is issued to applicant. applicant shall, at the time of receipt of the license, deliver to the City Clerk's office a minimum of one-million dollars public liability and property damage insurance policies with riders attached to the policies designating the City as an additional insured under this Chapter, and a copy of the requisite permit from the State Fire Marshal 17 1 S 19 20 D, Include a copy of the applicant's 501 (c) (3),(4),(5)(6),(8),(10),(19),(20), or 501 (d) verification of nonprofit status, or demonstrate that it is a non-profit organization, group, association, etc, which is organized primarily for veteran, patriotic, welfare, civic or social betterment (including public or private school clubs, groups, organizations or such other public or private school affiliates), or charitable purposes. 21 "" "' -.' 2-1 E, All applicants shall be required to demonstrate how revenues received would benefit the citizens of San Bernardino by submitting official board minutes detailing the intent and authorization to sell fireworks. Such minutes shall detail what sites, populations, or projects within the City will benefit and for what p.urposes; F, Have attached a completed financial statement form that describes anticipated 111:'(11 hr<.:\\\)r~thr"" :; ,. " AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. , .' revenues, expenses, and profits. Such form will be provided by the City Clerk's Office to each applicant. The information contained in this form shall furthermore detail how much money will be provided to the projects mentioned pursuant to subsection (E) above. No less than ninety percent of the net profits derived from the sale of fireworks in the City by the applicant shall be utilized for the direct advancement of the applicant's stated non-profit purposes within the City of San Bernardino in accordance with subsection (E) above. -+ , () 7 g 8.60.040 License - Notice of granting or rejection. lJ Applicants for any such license shall be notified by the City Clerk's office by April 15th of the granting or rejection of such application for a license. No license shall be issued if the applicant fails to provide all the information or fails to meet all the criteria specified in Section 8.60.030, or any other provision of this Chapter The decision of the City Clerk may be appealed to the Mayor and Common Council under the provisions of Chapter 264. The decision of the Mayor and Common Council shall be final. I() I I I~ 13 8.60.050 License - Prerequisites to issuance. I.f The following qualifications must be met by each applicant for a license issued under this Chapter " ]6 A No license shall be issued to any applicant except a .nonprofit organization, group, association, etc, organized and operating within the City limits of San Bernardino in conformity with Section 860.030 (0), (E) & (F) 17 I g B. Each such applicant must have its principal and permanent meeting place in the corporate limits of the City and must have been organized and established in the City's corporate limits for a minimum of one year continuously preceding the filing of the application for the license. and must have a bona fide membership of at least twenty members. 19 ~II ~I "" C. No applicant may receive more than one license or participate in more than one fireworks stand during anyone calendar year. The maximum number of licenses that may be issued during anyone calendar year shall be 35. All applicants shall be reviewed for compliance with this Chapter All qualified applicants who held a license during 2002 whether as an individual or as part of a joint venture, shall have priority for the available licenses in 2003. Priority will also be given in 2003 to any joint venture which has at least one qualified applicant who held a license during 2002. Any remaining licenses in 2003, after deducting priority applicants, shall be determined by lottery and shall be granted by a drawing supervised by the City Clerk. ", -.' ~-+ ". -) ~6 27 "g IlI-CII hrL'\\(lrk:thr~'L'! -+ ^. ,. . ^ , AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. .' D. One license may be issued to two or more qualified applicants as a joint venture provided that the application for the joint venture is submitted prior to the application deadline Each qualified applicant in a joint venture which is granted a license is deemed to be a co-licensee and shall have the same benefits, duties and liabilities under the license. .j ) (, 7 g E. After 2003, all qualified applicants who held a license the immediate previous year, whether as an individual or as part of a joint venture, shall have priority for the available licenses for the immediate next year After 2003, priority will also be given to any joint venture which has at least one qualified applicant who held a license during the previous year However, after 2003, if the total number of qualified applicants who were licensees or co-licensees from said previous year exceeds 35 licenses because the membership(s) of joint venture(s) has changed or the joint venture ceases to exist, then those qualified applicants which were part of such joint venture(s) shall lose their priority and shall be placed in a lottery drawing for any remaining available licenses after all other qualified applicants from the immediate previous year are granted licenses. After 2003, if the total number of qualified applicants who were licensees or co-licensees from the immediate previous year does not exceed 35 licenses, then any remaining licenses shall be determined by lottery and shall be granted by a drawing supervised by the City Clerk Any prior licensee, the license of which has been suspended under the provisions of Section 860.060 shall be eligible for a new license only upon satisfying the Fire Chief that suitable arrangerlp.nts have been made to preclude future violations 9 10 II ]~ 1, .J 1.+ 1'1 I() 17 8,60,060 Suspension of license - Appeal procedure. Ig 19 A. The Fire Chief or his/her designee shall be authorized to suspend immediately and without notice or formal hearing the license of any licensee which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale If the Fire Chief or his/her designee establishes that a violation has occurred too late to suspend the license during the period of sale, he/she shall have power to suspend the licensee from future licenses, and to suspend the priority of the licensee, for any such violation found to have occurred during or immediately preceding or immediately following the authorized period of sale. ~o ~I T) l' _J ~.j ~5 B. The decision of the Fire Chief or his/her designee to suspend the license of any licensee shall be subject to review by the Mayor or his/her designee. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the licensee, the Mayor or his/her designee, and the representative of the Fire Chief can schedule such hearing, provided that in every case, said hearing shall be held within 72 hours of the Fire Chief's decision. For suspensions after the sale period, the hearing shall be ]lLL'III:lr\.'\\(lfKthrl'l'] 5 26 27 28 I' 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 3 held within one month after the request for hearing, which request must be made within fifteen days after notice of the suspension. The Mayor. or his/her designee, is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one or more days, or by setting aside the forfeiture of priority status for future years. The decision of the Mayor or his/her designee may be appealed to the Mayor and Common Council under the provisions of Chapter 2.64. The decision of the Mayor and Common Council shall be final. 4 ) 6 7 S 8.60.070 Operation of temporary fireworks stand. 9 The licensee entity, the person who signs the application for the license, and the supervisor or manager present in charge of each fireworks stand shall comply and ensure compliance with all of the following III II A. No person, organization, group, association. etc. other than the licensee entity shall be allowed to operate the stand for which the license is issued or to otherwise participate in the profits of the operation of such stand. 12 13 ]4 B. No person, organization, group, association, etc. other than the individuals who are members of the licensee entity, or the spouses or adult children of such members, shall be allowed to sell or otherwise participate in the sale of fireworks at such stand IS ii, 17 C. No consideration shall be paid to any person for selling or otherwise participating in the sale of fireworks at such stand. IS D. No person under eighteen years of age shall be permitted in the stand and signage shall be prominently displayed in/on the stands stating that no person under eighteen years of age shall be permitted in the stand. 19 211 21 E. No person shall consume alcoholic beverages within twenty-five feet of any stand y) " ....:._) F. An emergency contact telephone number shall be posted on the exterior and interior surfaces of all exit doors. 24 G. All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is hereby prohibited 2::; '6 27 H. No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of any gasoline pump 28 111':'(IIFlrL'\\Ur]...:llm:c'! 6 , , . " AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. .' I. Fireworks stands need not comply with the provisions of the building code of the City provided that all stands shall be erected under the supervision of the Director of the Department of Development Services or his/her designee, who shall require that stands be constructed in a manner that will reasonably ensure the safety of attendants and patrons. In addition, each stand and its location shall be inspected and approved by the Fire Marshall priorto commencing storage or sales offireworks therein. 4 :i 6 7 8 J. No stand shall have a floor area in excess of three hundred square feet. <.) K. Each stand in excess of twenty-four feet in length must have at least two exits; and each stand in excess of forty feet in length must have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty-four feet. ]0 II 12 L. Each stand shall be provided with two 2Yo, gallon water pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire, at all times during the storage/sales of fireworks ]) ]4 M. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least twenty feet surrounding the stand. I" 16 N. "No Smoking" signs shall be prominently displayed on the fireworks stand, and no smoking shall be permitted within twenty-five feet of any fireworks stand. ]7 18 o Each stand shall have a person present and designated as supervisor or manager in charge thereof at all times while fireworks are stored or sold therein. Sleeping or remaining in the stand after close of business each day is forbidden. 1') 20 P The sale of fireworks shall not begin before twelve noon on the 28th day of June and shall not continue after midnight on the 4th day of July. 2 ] "" O. Each stand shall post for public viewing, a copy of the map identified in Section 8.60.010 (Location of Sales and Discharge of Fireworks) and shall also provide a copy of this map to each purchaser of fireworks. The costs of copying such maps shall be borne by the licensee. "' , 24 " - -~ R. All unsold stock and accompanying litter shall be removed from the location by five p.m on the 5th day of July. ~6 27 S. The fireworks stand shall be removed from the temporary location by twelve noon on the 15th day of July, and all accompanying litter shall be cleared from the location by said time and date. ~x III :'CI! I i~~'\\\lLKrh[-<:l' I 7 ,. .,. ., AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. .' -I 8.60.080 Requirements for Fireworks Supplier. 5 Prior to the issuance of a license, each applicant shall file with the City Clerk a cash deposit. certificate of deposit or a surety bond posted by the fireworks supplier and made payable to the City in the amount of three hundred dollars ($300.00) to ensure compliance with the provisions of this Chapter Such deposit or certificate shall be refundable upon compliance with the provisions and requirements of this Chapter, including but not limited to the removal of the stand and the cleaning of the site. In the event the fireworks supplier does not so comply to remove the stand or clean the site in the manner required by the Director of the Development Services Department, the City may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the fireworks supplier and his/her surety and the deposit, certificate or bond. (, 7 x ') 10 [ I 8.60.090 License tax. 12 As set by Ordinance No. 2884, the license tax for the selling of fireworks within the City shall be two hundred dollars per year per stand which fee must be paid at the time appiication for a stand is filed with the City Clerk's office. [, 1-1 15 8.60.100 Temporary sales tax permit required. 1(, Applicants licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization 17 IX 8.60.110 Display of license and sales tax permit. [lJ The license to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand 20 8.60.120 Permissible locations for discharge. 21 .,., The use of fireworks in the City shall be limited to private property except as otherwise provided in this Chapter. No fireworks shall be discharged on public or private unpaved open areas such as vacant lots or fields, or in a public street or right-of-way, or in public parks except when specifically permitted for public display. and except those areas approved by the Fire Chief -" _.) 2-1 =:5 8.60.130 Prohibitions on sale and discharge. 26 27 A. It is unlawful for any person, organization, group, association, etc., to sell any fireworks except during the time period between twelve noon on the 28th day of June to midnight on the 4" day of July. ~8 !llclll-lfl.:\\llrklhrL'l'i 8 41 . , AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. " B. It is unlawful for any person. organization, group, association, etc, to sell any fireworks at any time in any of the areas described in Section 8.60,010 -+ ) C It is unlawful for any person, organization, group, association, etc" to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, except during the time period between twelve noon on the 28th day of June to midnight on the 4th day of July, (, 7 x D, It is unlawful for any person, organization, group, association, etc, to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, in any of the areas described in Section 8,60,010, or upon or over or onto the property of another without hrs/her consent, or to ignite, explode, project, or otherwise fire or make use of any fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by human beings 9 III II [2 8.60.140 Reference to determination of safe and sane fireworks. 1, " Reference is made to provisions of Section 12500 et seq, of the Health and Safety Code, which prohibit and regulate fireworks not defined as safe and sane, 1-+ ]S 8.60.150 Violation - Penalty. 1(, A Any person, organization, group. association, etc, violating any provision of this Chapter is guilty of an Infraction for the first offense, which upon conviction thereof is punishable in accordance with the provisions of Section 112,010 of this Code, j'7 [X B, Any subsequent violation of this Chapter by that same person or entity within a three year period is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1,12,010 of this Code, 19 20 21 8.60.160 Financial Reporting " No later than August 31st of each year (or the next working day if August 31 falls on a Saturday, Sunday or legal holiday), each licensee operating a stand or participating in a joint venture shall submit to the City Clerk a financial summary of the total sales from fireworks on the financial summary form provided by the City Clerk's Office, The financial summary shall have a summary of actual expenses, revenues, and profit for that year and shall have receipts attached for all expenses for each stand as well as any incentive payments, gifts, or other financial consideration provided to members of the licensee or its volunteers Licensees failing to comply with the afore-mentioned financial summary deadline of August 31 st shall be ineligible to receive a license forthe sale of fireworks the following year either as an individual licensee or as a member of a joint venture, ~, _,J 2-+ r -) ~6 27 28 111'clll:irc\\(lr~tl1rl'l'l 9 c. c" ~ AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. ~ 4 5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, , 2003, by the following vote, to wit AYES NAYS ABSTAIN ABSENT City Clerk "0 The foregoing Ordinance is hereby approved this ~ day of ,2003. : 1 Y) JUDITH VALLES, Mayor City of San Bernardino "" _.J :4 Approved as to form and legal content r -) JAMES F. PENMAN :6 City Attorney :7 28 Ill: 'L'III' Iro:,\,\r~tl1f':1; I 10 . CHAPTER 8.60 FIREWORKS Sections: 8.60.010 Location of Sales and Discharge of Fireworks. 8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required. 8.60.020 License - Required. 8.60.030 License - Application - Public liability insurance. 8.60.040 License - Notice of granting or rejection. 8.60.050 License - Prerequisites to issuance. 8.GO.OSS 8.60.060 Suspension of license - Appeal procedure. 8.60.060 Operation of stand. 8.60.070 Operation of temporary fireworks stand. 8.&0.070 Temporary fire.....orks stands. - ""'~~"""----"'-~-"'~""MJ 8.60.080 Ceneral requirements for licensees. Req8ilemf;mJflfllll'ofijwworks / / . . Supplier. CouncillCmyOeyCms Mtg: / /~} / 03 8.60.090 License tax. 8.60.100 Temporary sales tax permit required. by 8.60.110 Display of license and sales tax permit. re Agenda Item 8.60.120 Permissible locations for discharge. 8.60.130 Prohibitions on sale (lr discharge. ~ 8.60.140 Reference to determination of safe and "'a..~ fll &',110(1(9. ~ - 8.60.150 Violation- Pen~lty. City Clerk/COC SecV 8.GO.160Fillancial Repotling. City of San Bernardino Strike-out - Deletions Grey-Shaded Area - Additions ?i!J 8.60.010 Location of Sales and Discharge of Fireworks. Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the state may be sold and discharged within the City subject to the requirel'll$flts of this Chapter, except that such use or sale discharge shall not be allowed in tMe Ilazarelous rire Area as defined in Gee:tien 1 :::;.1 G.11:::; of tMis Code. in the follovving designate~. areas. SUCh. tifeg$.tire depic:teq Cln a /'l'I~pentitteq."L.<.lcati()n~$af~~m:J Discharge of FireW6lrks~Cln;f!'ejn;ttleOltYClerl<'s Office and incorp0rat~cft&reii:lltly reference. $uchareal>:are;,~~sJ9i;late('!jgl> fQ!lows: A. Ttlgt~r~~~it~.!Q~iFitXJ~~gporttl of a . line eXtending .'romt~w~t City limits; att\igf:llanq .; *v~nue :to~tleeast City limits and bounded on the south side by streets andhi9hW;:.y$ as follows: Commencirlg ; from the west City limits at the. cel)terline of Highland .A~ue thence easterLyto:the intersection of t\ighfand Avenl,le and the 21 alSO Freeway; thenee easteilyf(illlbWil'lQ the 210/30 Freeway to the interchange of Highway 330; thence north-easterly following Highway 330 to the intersection of Highland Avenue east of Boulder; thence easterly from the intersection of Highland Ave. and HIghway 330 along the centerline of Highland Avenue; thence continuing south-easterly alOng the centerline of Highland AvenUe and its south-easterly prolongation to the intersection of the southerly prolongation of the most Hflcj[Fireworkfour.doc ] 1 fJ3 ea~terly border-line ofthe City of San Elernardino as depicted on the previously ret~r6"Ced map on file in the City CierI<, a reduced copy of which is attached to this ChQpter. B. That area within the City, whether contiguous or not, which lies north or northwest of a line from the west City limits at Highland Avenue, in a westerly direction on Highland Avenue to the 210 Freeway, and then west on the 210 Freeway to the 1-15 Freeway. That area within the City, whether contiguous or not, which lies north or northeast of the intersection of the 1-15 Freeway and the 215 Freeway, as depicted on the previQusly referenced map on file in the City Clerk's Office, a reduced copy of which is attached to this Chapter. C.lnc1iJ$ive of thearea.within the City limits beginning at the iatersftCtion of Highland' Avenue ami Baufder Avenue; Highland AVenue wi!M lb'V'iCtQria Avenue; Victoria Avenue south' to 'Baseline Street; Baseline Street eest to Boulder Avenue; Boulder Avenue noftll to Highland Avenue, as depicted Gn the previously referElnced mapon fite in'the City Clerk's Office, a reduced copy of which is attached to this Chapter. D. Inclusive of the area beginning at the intersection of Pacific Street and Del Rosa Avenue; P~cific Street west to Perris Hill Park Road; Perris Hill Park Road north to an imaginary line extending nprth .from Perris Hill P~rk Road to interSect Highland A~nue; Highland Avenue east to Del Rosa Avenue; Del Rosa Avenue south to Pacific Street, as dePictelil on the previously reter.eoced maP on file in the City Cierk's Q'ftice, a .reduced copy of which is attached to this Chapter. (Ord. MC-1022, 5-18-98,11-1-82; Ord. 288491,1968.) 8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required. The sale of fireworks to anyone under the age of 18 is prohibited. A valid form of identification is required at time of purchase, (Ord. MC-1022, 5-18-98) 8.60.020 License - Required. Except as provided in this Chapter, it is unlawful for any person, organization, group or association, etc. to offer for sale or sell at retail any fireworks of any kind in the City without having first applied for and received a license from the City Clerk. (Ord. MC-460, 5-13-85; Ord. 2884 92, 1968.) 8.60.030 License - Application - Public liability insurance. All applications for a license to sell fireworks shall: A. Be made in writing and accompanied by a fee to be set by resGlutielFl; tRe fee is FlGt fGr tRe purpGse Gf reveflue but "ill defray tRe cost of a fire del'artmeflt iflsl'ectiGfI. the te:si~~tfQlilhi:ij:) Secfl\!il'liipQ,oQ~ inadditiGn toa non-refw:ldable fireworks adminiStrativefl3e:il'ffif:ty d~lla'r.s. The fee will be used to defray the administrative costs of the fireworks program. A~plications shall &.-Be be made HE/cj[ Fireworkfour.doc] 2 between the first day and the last day of March of each year except when the last day falls on a Saturday or Sunday, or legal holiday, the following business day shall be determined to be the last day; 6:-B. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in Commercial General (CG) or Commercial Regional (CR) General Plan Land Use Districts and the written permission of the owner of record or lessee must accompany the application; 9:-C. Be accompanied by an assurance that if the license is issued to applicant, applicant shall, at the time of receipt of the license, deliver to the City Clerk's office one hundred thol:Jsandltl9ree hundred t19ous8I'Id dollars public liability and fifty Il90usanel dollars a minimum of one-million dollars public liability and property damage insurance policies with riders attached to the policies designating the City as an additional insured under this Chapter, and a copy of the requisite permit from the State Fire Marshal. (Ord. 2884 s3, 1968.) D. Include a copy ofthe applicaot'~ 50~'c)(S),(4);(5),(6);(8),(l'Q),('9),(2QJ;or j 501 (d) verificatlcm of nonprofit status, or demonstrate' tMt itls -a non.pfofit orgaOipi!ililA, . W'QlJf), '8.l!isoclati,enII'lW." which. . n~-e!1 primarily for. ,,-e_liIn, patriotic, welfare, riMe or soCial betterment. .9 pU~~lt Qr .prNatft$tihool clubs, groups, lilrganlzations or such other pUblic sr private' school affiliates), or charitable purposes. E. All applicants shall be required to demonstrate how revenues received would benefit the citizens of San Bernardino by submitting official board minutes detailing the intent and authorization to sell fireworks. Such minutes shall detail what sites, populations, or projects within the City will benefit and for what purposes; F. Have attac;j:)ed a completed Jinancial$tate~JlLform. th~tc ..f!(\iC1ili:!lls antiQlpatad leVSflues,'~PQns~.~'it.flrofits;,~h1~fm wiUijij; "iDle City Clerk's Qfh~to each/:lppljcanl. The ,informatiOn corit~il1a itl...form shall fui1hermeredetail how much mom~y Will be flrovideEl fO ~Jlt0j8Qts mentioned pursuant 10 subsection.(E} above. No less than ninety ~nt.of the net profits derived. from Ule slilleof fireworks in the Citybl(: the appli9li!tlt. Stlllll be utilized for the direct advancement of the appli9li!nt's stated non-prQ'fit pU1JX!ses within the City of San Bernardino in accordance with subsection (E) above. 8.60.040 Licenses - Notice of granting or rejection. Applicants for any such license shall be notified by the City Clerk's office by April 15th of the granting or rejection of such application for a license. No license will be issued if the applicant fails to provide all the information specified in Section 8.60.030, or any other provision of this Chapter. The decision of the City Clerk may be appealed to the HEicj [Fireworkfour.doc] 3 Mayor arid Common CounCil und~r the provisions of Chapter 2.64. The decision of the Mayor and Common Collncil.shall belinal. (Ord. 288494,1968) 8.60.050 License - Prerequisites to issuance. The following qualifications must be met by each applicant for a license issued under this Chapter: A. No license shall be issued to any per!!on, firm, or corporation applicant except a nonpr?fit or~anizatip9,gro~p, association!! or corporation!!, etc:, organized ji{np~p~.l'ifJiWltl)~Jh~Citv IIrnits!;>f$an Barnardh'10ll'lco\'tf01l1'lftv with Section 8.~.Oa.O(l), (E)&(F).primarily for veteran, patriotic, .velfare, civic betterment, or cHaritable purpo3e3. B. Each such organization applicant must have its principal and permanent meeting place in the corporate limits of the City and must have been organized and established in the City's corporate limits for a minimum of one year continuously preceding the filing of the application for the license, and must have a bona fide membership of at least twenty members. C. No organization applicant may receive more than one license or participat~ in mor~ than one fireworks stand for firework!! 3ale during anyone calendar year. 'l'h~ m~irnijmmiJipp1=!t 0Mi~n~s tJ:ll;l'viJlaY:'~~\i~.lli!i} d~,~w~~ calendar 'ear '""'\lfbe'~'J!ma +f1l;."'''fs "'allb'e'[' vi:w' df c-~'e ith . Y. Ot~ ... pp ___ SI!', ~ .e e or. VI'''l''IiaJ'iC: 'It this Ch~t!;lr. . Mll!.alifie'E1 ~ppl.iCart~jN1io held a Iiceo~ellluri,,9. 20Q2jy;4l~t.l:l8ras an.lI'ldividuaf or as pajfm a joirU :veriti;lre, shall nave priority fsrthe ~l.lable licenses in 20Q3. Priority will also be given in 2003 to any joint venture which has at least one qualified applicant who held a: license during 2002. Any remaining licenses in 2003, after deducting priority applicants, shall be determined by lottery and shall be granted by a drawing supervised by the City Clerk. D. One license may be issued to two or more qualifying qualified applicants as a joint venture provided that the application for the joint venture is submitted prior to the application deadline. Each qualilied applicant in a joint venture whiCh is granted a license is deemed to' be a co-licensee and shall have tI:l:e same benefits, duties and liabilities undElr the IicElnsa. E. AftElr 2aO~, all qu.$ifieda~'plicalJt.s-.wnQhefEla tloell$l! the Imrn~fltel1raltjous YElar, WhaU1Elr as an:lrfdiVlliltfaf'ot~ partdfa ll'infveliture, shall ha:ve~jljf.yfor the available Ii~AS!ilS forth' immediate nElld year. Aijer 2003, prierftYwnl.fllSO be given t9 any,jolFjhientl1re wl)ich h-as at least one qualified applicant whO 1ield a license during ttlit.PfENlol!ls year. ~wever, after 2003, if the tOJill number of qualified applicants wM were llcensEles or co-liGensees from said previeus year exceeds 35 IicElnses because the membElrship(s) of joint venture'!:!) nas changEld or the joint venture ceases to exist, then thoSEl qualified appHoants which were part of such joint venture(s) shall lose their priority and shall bEl HE/cj[Fircworkfour.doc] 4 placed in a lottery drawing for any remaining available licenses after all other qualified applicants ifrolTl the immediatlil previous year are granted licenses. After2fID$.if~e tl?>t~!'~UlTlber~fqualifjeQapplicants who were .licens~ orC9- I.icl:lnl!ll:l~ from j!~tr'li)y,oul!ll{~rf.l9.e~,Q~(;lX~d351i.. ' ,_ I1lJjJ~!\fil!W11~~I't$t)l:l'I'p~ ,tj;1i . '0 '0 ~J', The maximtlm ntlmber of lieen3e3 wMie;M may be i33t1ed j:Jtlr3tlant to tMi3 CMa!'ter dtlring anyone e;alendar year 3Mall FIOt exceed one licen3e for each fOtlr thousand residents of the City, or fraclion thereof, ba3ed 01'1 the latest Dej:Jartment of rinanee, etate of California cenStJ3 estimate. If the ntlmber of aj:Jj:JlicalioF13 exceed the number of licen3e3 to be i33ued, tMe licensee3 dtJring the preceding jear 3Mall have first priority for the a'vailable license3. A licen3ee shall retain it3 priorilj from year to year only so long as tlge Iicen3ee contintle3 te represent each and all of the partieij:Jating organi:z:ations ,.,hie;h operated under tMe Iicen3e duringlhe preceding year. Cach participating organi:z:ation shall be eleemed te be a co licensee and joint venturer ,~ill9 the licen3ee claiming first priority and shall have the same duties and liabilities under the licen3e. Any change in 6rgani:z:atioF13 .,ithin tlge joint venture shall constitule a change causing that j6int venture to lose itsj:Jriority. If tl'iere are any additional lie;ense3 available after priorilj organi:z:alions 19ave been con3idered, such additional licenses shall be granted by a dra',ving 3uj:Jel'vised by ll'ie City Clerk. Any prior licensee, the license of which has been suspended under the provisions of Scl:lQfiol'l D.GO.DSS 060, sl'ialll03e its j:Jriorit)', and shall be eligible for a new license only upon satisfying the Fire Chief that suitable arrangements have been made to preclude future violations. If the rire Chief certifie3 his sati3faction, 3ucl'i licen3ee shall be j:Jermitted to cempete vvitl9 other additional aj:Jplicants for such additional Iieenses as may be available througl9 tlge dravving. (Ord. MC-219, 11-1-82; Ord. 3236, 1972; Ord. 2884 !i5, 1968.) 8.60.655060 Suspension of license - Appeal procedure. A. The Fire Chief or his/her designee shall be authorized to suspend immediately and without notice or formal hearing the license of any licensee which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. If the Fire Chief or his/her designee establishes that a violation has occurred too late to suspend the license during the period of sale, he/she shall have power to suspend the licensee from future licenses, and to suspend the priority of the licensee, for any such violation found to have occurred during or immediately preceding or immediately following the authorized period of sale. B. The decision of the Fire Chief or his/her designee to suspend the license of any licensee shall be subject to review by the City Administrator Mllyor '01' his/her designee. fortl9.vith. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the licensee, Cilj Adminislrator the Mayor or his/her designee, and the representative of the Fire Chief can schedule a meeting for HEJcj[Fireworkfour.doc] 5 StJcl9 revie,v such hearing, provided that in every case, said hearing shall be held within 72 hours of the Fire Chief's decision. For suspensions after the sale period, the hearing shall be held within one month after the request for hearing, which request must be made within fifteen days after notice of the suspension. The City Administrater Mayor, or hislher designee, is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one or more days, or by setting aside the forfeiture of priority status for future years. The decision of the City Administrator iVf~r or his4i~ designee S1981l be final mav<be unless appealed to the Mayor. and Common Council under the provisions of Chapter 2.64. The~ecl$i.(!n of the Mayor and Common Council shall be final. (Ord. MC-219, 11-1-82.) 8.60.96e 070 Operation of temporary fireworks stand. The licensee entity, the person who signs the application for the license, and the supervisor or manager present in charge of each fireworks stand shall comply and ensure compliance with all of the following: A. It is unlawful fer tlge licensee org8F1izatien t15 ",ermit any No person, (l)rQAni~~fi(l)n,!ilroYPi)assQQi~\iQr1,.tltQ.other than the licensee organization entity shall be allowed to operate the stand for which the license is issued or to otherwise participate in the profits of the operation of such stand. B. It is unla"ful for tlge licensee organization to ",ermit any No person, organizatiof'i,i.group, .~$0Qiation, etc. other than the individuals who are members of the licensee organization entity, or the spouses or adult children of such members, shall be allowed to sell or otherwise participate in the sale of fireworks at such stand. C. It is unla"ful for tlge licensee organization to ",ay any No consideration shall be paid to any person for selling or otherwise participating in the sale of fireworks at such stand. D. No person under eighteen years of age ahall be permitted in the st<ind and signage shall be prominently (lisplayeq i~ the stands stating that no person under eighteen years of ag~s\l$fl be:i\li:l'rmittetlin'the starie/. E. No person shall consume alcoholic beverages within twenty-five feet of any stand. F. An emergency contacttelephQne number sl'lal/ be posted on the exterior arid interior surfaces of all exit doors. (Ord. MC-460, 5-13-85; Ord. 2884 ~6, 1968.) 8.60.970 Temporary firev.orks stands. HEJcj [Fireworkfour.doc] 6 G. All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is hereby prohibited. Teffi!,>oraFy' 3land3 3hall l5e 3ubject to the follo.".in9 provi3ioFl3. A H. No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of any gasoline pump. B I. Fireworks stands need not comply with the provisions of the building code of the City provided, howe'.'er, that all stands shall be erected under the supervision of the Director of the Department of Development Services or his/her or her designee, who shall require that stands be constructed in a manner that ""iUreas?nably .i.ns~re...the~afety ()! .atte.nda~ts and patrons, In addi~0n\&achsUUtEil.~!'ldjlls I~ti~sllalt i!le In!>l,)E!cteaa!Jg~l'll'i~ by toe Fire Mal'Stmn...jDnei'to.cOtl'frlia!tclng:stdiage..or.sale$:Offlrewei:ks....t "'eretn. 6 J. No stand shall have a floor area in excess of three hundred square feet. e K. Each stand in excess of twenty-four feet in length must have at least two exits; and each stand in excess of forty feet in length must have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty-four feet. E L. Each stand shall be provided with two 2% gallon water pressure type fire extinguishers, underwriter approved, in good workinQ order and easily accessible for use in case of fire, at all times during. the storc~ge/sales of fireworks, (Ord. MC-1027, 9-8-98; Ord. 2884 s7, 1968.) 8.&9.989 General requirements for licensees, A M. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least twenty feet surrounding the stand, B N. "No Smoking" signs shall be prominently displayed on the fireworks stand, and no smOking shall be permitted within twenty-five feet of any fireworks stand, 6 O. Each stand fTltlSt shall have a person present and designated as supervisor or manager an adult in attendance and in charge thereof at all times while fireworks are stored or sold therein, Sleeping or remaining in the stand after close of business each day is forbidden. e P. The sale or di3charge of fireworks shall not begin before twelve noon on the 28th day of June and shall not continue after twelve noon rnfrmig@t on the 5th-ffily 4th day of July. Q. Each stand$hM pOst.forpUbli9VieWlhg.a~pyof.thEll'napidentifiec.lin HFlcj[Fireworkfour.doc] 7 Section 8.60.010 (Location of Sales and Discharge of Fireworks) and shall also provide a copy of this map to each purchaser of fireworks. The costs of copyiflg such maps shall be IilGlmEl lily the licells~. E R. All unsold stock and accompanying litter shall be removed from the location by five p.m. on the 5th day of July. F S. The fireworks stand shall be removed from the temporary location by twelve noon on the 15th +altt day of July, and all accompanying litter shall be cleared from the location by said time and date. 8.60.080 Requirements for Fireworks Supplier. SPrior to the issuance of a license, each applicant shall file with the City Clerk a cash deposit, certificate of deposit or a surety bond posted by the fireworks supplier and made payable to the City in the amount of eM three hundred dollars ($300.00) to assure ensure compliance with the provisions of this Chapter. Such deposit or certificate shall be refundable upon compliance with the provisions and requirements of this Chapter, including but not limited to the removal of the stand and the cleaning of the site. In the event the licensee firew_ssupplil:!r;does not so comply Of to remove the stand or clean the site, in the manner required by the Director of the Development Services Department, the City may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the licensee fireworks supplier and his/her surety and the deposit, certificate or bond. (Ord. MC-1027, 9-8-98; Ord. 2884 s8, 1968.) 8.60.090 License tax. The license tax for the selling of fire"orks "ittlinttle City stlall be as set by resolution, As set by Ordinance No. 2884, the license tax for the selling of fireworks within the City shall be two hundred dollars per year per stand which fee must be paid at the time application for a stand is filed with the City Clerk's office. (Ord. 2884 s9. 1968.) 8.60.100 Temporary sales tax permit required. Organizations Applicants licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization. (Ord. 2884 910, 1968.) 8.60.110 Display of license and sales tax permit. The license to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 2884 911,1968) 8.60.120 Permissible locations for discharge. k The use of fireworks in the City shall be limited to private property except as otherwise provided in this Chapter. No fireworks shall be discharged on public,seffiifJublic or private unpaved open areas such as fJarldng lots, vacant lots or fields, fJrofJerties or in a public street or right-of-way, or in public parks except when specifically permitted for HFJcj[Fireworkfour.doc] 8 public display, and except those areas approved by the Fire Chief engineer elf the rire Def'artment. o. ~~o fire.vorks shall be sold or discharged in the Ilazardous rire Area as defined in Oection 1 ::;.1 G.11::; of this Code. (Ord. MC 966, 4-15-96; Ord. MC-965. 4-1-96; Ord. MC-788, 6-3-91; Ord. MC-785, 5-20-91.) 8.60.130 Prohibitions of on sale and discharge. A. It is unlawful for any person, organization, group, association, etc., to sell any fireworks except during the time period between twelve noon on the 28th day of June to midnight on the 4'" day of July. B. It is unlawful for any person, organizati()I),~rollP,association, etc. to sell any fireworks at any time in any of the areas described in~ection S.60.010. t15 ignite, eXf'lode, f'roject, or otl'1el'\Nise fire or use, any firev.orks, or f'ermit the ignition, eXf'losioR or projectioR thereof, upon or over or onto tlge property of anotlger "ill9out 19is cORseRt, or to ignite, explode, f'roject, or otlger.,ise fire or make use of an}' fire..orks "itl9iR ten feet of MY resident dwelliRg or otlger structure used as a f'lace of 19abitati5R by human beiRgs. C. It is unlawful for any person, organization, group, association, etc., to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, except during the time period between twelve noon on the 2Sth day of June to midnight on the 4th day of July. D. It is unlawful for any person, organization, group, association, etc., to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, in any of the areas des.cribed in SectionS.60.01O, or upon Of over or onto the property of another without his/her consent, or to ignite, explode, project, or otherwise fire or make use of any fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by human beings. (Ord. 2884 913,1968.) 8.60.140 Reference to determination of safe and sane fireworks. Reference is made to provisions of Section 12500 et seq. of the Health and Safety Code, which prohibit and regulate fireworks not defined as safe and sane. (Ord. 2884 ~14, 1968.) 8.60.150 Violation - Penalty. A. Any person, organization, group, association, etc., violating any provision of this Chapter is guilty of an infraction for the first offense, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. B. Any subsequent violation of this Chapter by that same person or entity within a three year period is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. (Ord. MC-1073, 5-01-00; Ord. MC-1022, 5-18-98; Ord. MC-460, 5-13-85; Ord. 2884 ~15, 1968.) HPicj [Fireworkfour.doc I 9 8.60.160 Financial Reporting No later than August 31't of each year (or the next working day if August 31 falls on a Saturday, Sunday or legal holiday), each licensee operating a stand or participating in a joint venture shall submit to the City Clerk a financial sllmmary of the total sales from firew()rks on the financialsurnmary form providel:Jtly th$ QityClerk's Office.. the financial summary shall have a summary of actual e>epenseS. revenues, and profrt for that year and shall have receipts attacheQ for all expenses for each. stand as well as any inclmtive payments,. gifts, or other financial consideration provided to members of the licensee or its volllnteers. Licensees failing to comply with the afore-mentioned financial summary deadline of August 31 st shall be ineligible to receive a license for the sale of fireworks the following year either as an individual licensee or as a member of a joint venture. . HElcj [Fireworkfour.doc] 10 FIREWORKS 1) Subsection 8.60.010 regarding Location of Sales (in 2003 only): Those licensees who operated a fireworks stand at a location that has has been exluded from the new sales and discharge area will be granted the right to remain at that location for one additional year if they are unable to secure a new location within the designated area. 2) Subsection 8.60.030 regarding License Application Section E. Replace existing language with nAIl applicants shall be required to demonstrate how revenues received would benefit the citizens of San Bernardino, or would promulgate information that enhances the favorable reputation of the City or its citizens, by submitting official board minutes detailing the intent and authorization to sell fireworks. Such minutes shall detail what sites, populations, or projects will benefit the City, and for what purposes. II Section F. Replace existing language with IIHave attached a declaration that describes the anticipated revenues, expenses, and profits. Such form will be provided by the City Clerk's Office to each applicant.l The information contained in this form shall furthermore detail how much money or in-kind services will be provided to the projects mentioned pursuant to subsection (E) above. No less than ninety percent of the net profits derived from the sale of fireworks in the city by the applicant shall be used for the direct advancement of the applicant's non-profit purposes or to sustain the association of persons needed for the advancement of those stated non-profit purposes, with the City of San Bernardino in accordance with subsection (e) above.1I Entered infO Record.t GOllncil/CmvDevCms Mtg: b~ G~u-v~ ~~ re A~~lIda Item / ~ ~~--t ~~Iu City Clerk/CDC Sec, City of San Bernardino rl-~'"'"'"" . -2/3 103 r.x.D..1.D 1 r. A ~: ',* *J9R OFFICE USE ONLY - NOTA PUBLIC DOCUl1n1T **" ," ':~':::-':_~~~?; ,. ~>.'~~1,;?-' '-'-;~:%1~f?~ .' '''''' ".,." '~~J~~~::T::~--~:_~::::_~::-;"'::" '" CITY OF SAN BERNARDINO : CiTY CLERK'S OFFICE-"~ c-_c'<c' ' C-' RECORDS & INFORMATION MANAGEMENT PROGRAM AGENDA ITEM TRACKING FORM Meeting Date/Date Adopted: :J-~- 3 -2, {J6:::; / Resolution/Ordinance No. /11C - II s Y Effective Date: .3 / (; / ().3 I ~/? ,- / Vote: Ayes:. '\ b 7 .(' / ./ Abstain' ' D Date Sent to Mayor: '7~// 03_ ? Date of Mayor's Signature: ;;) / s / CO__ Date Summary Sent to ~ttorney: I, d;/~/03 Date Published: &-L/3/ Cl"3 .j (. j, /J ,) Meeting Type:'jCZ--- i- ..LcJ'~ Continued FromfTo & Item No. Item No. /9 Ordinance Urgency: Yes Termination/Sunset Date: L Nays: Absent: Date Returned from Mayor:.) / :: / () 3 , , Date of Clerk's Signature: d - 03 Date Summary Returned from Attorney: ~ / Date Seal Impressed: J-/~/~3 ( Date Sent for Signature: Expiration Date: Copies Distributed T9: To Whom: Exhibits Complete & Attached to Resolution/Ordinance: Reminder Letter Sent: Reminder Letter Sent: Reminder Letter Sent: Request for Council Action & Staff Report Attached: Yes Notes: JvI~~~; CI'.~;~ic~i IA~. 1~ ..J" /::L':I1 ~<-- /YL;:;z>L~ /~ ;;(;-4 . No Q~ I Ready to Fi Ie: Date: DOCUMENT lOCATION: FOKMSI~ ftem TrackinsFonn4CC Fond No. ttt-b5l; ~ 12J04/19'J6